Kroger, Ohio manufacturers ask top court to revisit DP&L ruling

The Ohio Consumers’ Counsel, Kroger and the Ohio Manufacturers’ Association are asking the state’s top court to reconsider a recent ruling that said DP&L customers aren’t entitled to a refund for some charges which were deemed unlawful by the Ohio Supreme Court.

The three organizations jointly filed a motion Monday asking the Ohio Supreme Court to reconsider its Oct. 4 ruling against an appeal for Dayton-area electric customers, the consumers’ counsel office said in a statement Tuesday.

“The effect of the court’s opinion is that DP&L and the Public Utilities Commission of Ohio … will avoid any consequence for disregarding an order of this court — and customers will be denied relief,” the three plaintiffs said Tuesday.

“The opinion also leaves DP&L’s customers harmed but without recourse after having been subjected to a transition charge that this court deemed to be unlawful,” they added. “As the concurring opinion notes, the effect of the court’s ruling is unfair and results in a windfall to DP&L.”

A DP&L spokeswoman said the utility is satisfied with the court’s ruling.